Redmon v. Netherlands Fire Insurance
Supreme Court of North Carolina
Appeal by defendants from Shaiu, J., at chambers, 21 April, 1922, from MadisoN. Tbe defendant demurred upon tbe ground tbat there was a misjoinder of both parties and causes of action.
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Appeal by defendants from Shaiu, J., at chambers, 21 April, 1922, from MadisoN. Tbe defendant demurred upon tbe ground tbat there was a misjoinder of both parties and causes of action. Joe M. Burlinson owed tbe plaintiffs, J. J. Redmon and W. H. Redmon, trading and doing business as J. J. Redmon & Son, and as individuals, tbe sum of $20,000. Later Burlinson secured tbis debt by conveying to J. C. Redmon as trustee 1,250,000 feet of lumber, as set out in tbe complaint, said lumber to be disposed of by said trustee and sufficient of tbe proceeds realized therefrom to be paid by tbe trustee to…
1Opinion of the Court
Glakk, O. J.
Tbe single exception is to tbe judgment permitting plaintiffs to amend and overruling tbe demurrer.
It was manifestly in furtherance of justice to permit plaintiffs to amend so as to show that plaintiffs, J. J. Redmon and W. H. Redmon, trading and doing business under tbe firm name of J. J. Redmon & Son, bad acquired tbe interest of plaintiffs, Bank of Yancey and Joe M. Burlinson, in tbe said $5,000 policy. Tbis amendment eliminated all question as to misjoinder either of parties or actions, since from tbe very nature of tbe case J. C. Eedmon, trustee, and W. H. and J. J. Eedmon…
2Cases cited1 opinion
- Balfour Quarry Co. v. West Construction Co.Supreme Court of North Carolina · 1909
3Cited by3 opinions
- Barbee v. . CannadySupreme Court of North Carolina · 1926
- Ivy River Land & Timber Co. v. American InsuranceSupreme Court of North Carolina · 1925
- Rouse v. Albany Insurance CompanySupreme Court of North Carolina · 1962